§Why CasetextPricing

The People, Appellant,v.Kharye Jarvis, Respondent.

Brief

18 Cited authorities

  1. People v. Benevento

    91 N.Y.2d 708 (N.Y. 1998)   Cited 4,212 times   2 Legal Analyses
    In People v Benevento, 91 NY2d 708, 713-14 (1998), the New York Court of Appeals held that "meaningful representation" included a prejudice component which focuses on the "fairness of the process as a whole rather than [any] particular impact on the outcome of the case."

  2. People v. Baldi

    54 N.Y.2d 137 (N.Y. 1981)   Cited 5,975 times   6 Legal Analyses
    In Baldi, the New York State Court of Appeals expressly applied the right to effective assistance of counsel guaranteed by the federal Constitution.

  3. People v. Caban

    5 N.Y.3d 143 (N.Y. 2005)   Cited 1,638 times
    Holding conspirators' statements admissible as verbal acts to prove existence of conspiracy but not, absent independent evidence of the conspiracy, for their truth

  4. People v. Turner

    2005 N.Y. Slip Op. 8766 (N.Y. 2005)   Cited 523 times   5 Legal Analyses
    Finding appellate counsel ineffective for not raising ineffectiveness of trial counsel on appeal

  5. Henry v. Poole

    409 F.3d 48 (2d Cir. 2005)   Cited 441 times   1 Legal Analyses
    Holding that in order to sustain a claim for ineffective assistance of counsel, a defendant must establish that “absent [counsel's] errors, the factfinder would have had a reasonable doubt respecting guilt”

  6. People v. Flores

    84 N.Y.2d 184 (N.Y. 1994)   Cited 522 times   2 Legal Analyses
    Holding that "[t]he totality of representation examined as of the time of representation . . . supports elementary conclusion" that the defendant "was not denied his constitutional right to effective assistance of counsel" despite counsel's waiver, out of ignorance of the law, of a Rosario violation

  7. People v. Hobot

    84 N.Y.2d 1021 (N.Y. 1995)   Cited 363 times   1 Legal Analyses

    Argued November 30, 1994 Decided January 17, 1995 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Alan D. Marrus, J. Leighton M. Jackson, Brooklyn, for appellant. Charles J. Hynes, District Attorney of Kings County, Brooklyn (Ruth E. Ross, Jay M. Cohen and Roseann B. MacKechnie of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed. After a jury trial, defendant was convicted of two counts of rape in the first degree

  8. People v. Taylor

    1 N.Y.3d 174 (N.Y. 2003)   Cited 193 times

    157. Decided December 23, 2003. Susan J. Walsh, for appellant. Lynetta M. St. Clair, for respondent. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt and Graffeo concur. Opinion by Judge Read. Order affirmed. A jury convicted defendant of intentional second-degree murder (Penal Law 125.25) for his role in the killing of a rival drug dealer. Defendant now claims that he received ineffective assistance of trial counsel in contravention of the State and Federal Constitutions (US Const, 6th Amend;

  9. People v Borrell

    2009 N.Y. Slip Op. 3589 (N.Y. 2009)   Cited 48 times   2 Legal Analyses
    Holding that appellate counsel's failure to raise a particular sentencing issue did not deprive defendant of his constitutional right to effective appellate representation, where the argument not made by counsel was not so clear-cut that it should have been apparent to any reasonable appellate counsel and where defendant failed to demonstrate the absence of any strategic or other legitimate explanations not to brief it

  10. People v. Modica

    64 N.Y.2d 828 (N.Y. 1985)   Cited 98 times
    In Modica, the prior conviction was not designated as violent until 24 days after the offense for which defendant was receiving an enhanced term.